Subpoenas

About the subpoena process

This Policy sets out the relevant information required to issue a subpoena upon the Department, the Minister or the Secretary. If you require any further information, please contact 1300 305 695.

Address

Subpoenas for production of documents or other items should be addressed to:

The Secretary and/or the relevant Minister (however the Department accepts subpoenas addressed to the Department or the "Proper Officer").

Subpoenas to give evidence in court to be served on a Departmental officer in his or her capacity as an officer of the Department should be addressed to that officer.

Address for Service during Covid19 Pandemic

Due to current working conditions, service on the Department is only accepted electronically.

Please send any subpoena or originating process to:

legalservices@planning.nsw.gov.au

Conduct money will be accepted by electronic transfer. Electronic transfer details will be provided upon request.

Notice

Every subpoena should allow at least five clear working days notice from the date of service for compliance.

Costs for formal and informal production

• To be paid upon service of the subpoena: $55 upfront amount for reasonable costs and expenses (includes up to first hour of staff time and up to 20 black and white A4 photocopies [or equivalent in cost]); plus
• $30 p/h staff time (for work required to comply with subpoena above 1 hour). Work done in complying with a subpoena may include but is not limited to, searching, reviewing and collating files and/or documents; plus
• All work carried out by legal staff in complying with a subpoena is charged out at their ordinary charge out rates. These rates are in line with the charge out rates applied by the Crown Solicitor’s Office; plus
• Photocopying charges for entire files (beyond the first 20 A4 black and white pages [or equivalent in cost]) to be produced at a rate of:

A written undertaking may be required to pay copying expenses.

Costs for court attendance

The ordinary salary of any staff member attending court and any additional expenses including travel and accommodation, associated with his/her attendance may be required to be paid.